14-1202_CC_Minutes_Regular Meeting MINUTES
December 2, 2014
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION: None.
BUSINESS SESSION:
Mayor Allevato called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:02 p.m. in the City Council Chamber.
Noah Lieghey, Boy Scout Troop 872, led the Pledge of Allegiance and Mayor pro tem
Kramer gave the invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Roy L. Byrnes M.D., Derek Reeve, John Taylor
Mayor pro tem Larry Kramer and Mayor Sam Allevato.
COUNCIL MEMBERS ABSENT: None.
Agenda items are presented in the originally agendized format for the benefit of the
minutes' reader, but were not necessarily heard in that order.
CITY CLERK ANNOUNCEMENT: Per Assembly Bill 23, Maria Morris, City Clerk,
announced that each Housing Authority Board Member is receiving a $50.00 stipend for
conducting the Housing Authority meeting.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• Election Celebration for Supervisor-Elect Lisa Bartlett.
• Gardening Angels Event at Los Rios Park.
• Transportation Corridor Agencies Joint Legal Ad-Hoc Committee Meeting.
• CALTRANS Construction Coordination Meeting.
• Orange County Vector Control Meeting.
INTRODUCTIONS AND PRESENTATIONS:
1. MAYOR PRO TEM KRAMER INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Gerald Muir, Parks, Recreation and Senior Services
Commission and Youth Advisory Board; Ronald Denman, Kathy Hooper and
Steve Behmerwohld, Parks, Recreation and Senior Services Commission,
Ilse Byrnes, Open Space, Trails and Equestrian Commission; Sheldon Cohen,
Planning Commission; and, William Bonney and Janet Siegel, Cultural Heritage
Commission.
2. MISSION STORE RECOGNIZED AS THE MAYOR AWARD FOR BUSINESS
LEADER OF THE YEAR (610.40)
1
JOINT MEETING — CITY COUNCIL SUCCESSOR AGENCY AND HOUSING
AUTHORITY:
1. Public Comments regarding Agenda Items C-2 through C-14:
+ Larry Thomas, City resident; Darcy Burke, Director of Public Affairs, Municipal
Water District of Orange County (provided plaques to out-going
Council Members); Jonathan Volzke, City resident; and, Steve Behmerwohld,
City resident.
2. RESOLUTION 14-12-02-01 ADOPTED CERTIFYING THE RESULTS OF THE
GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 4, 2014 (630.20)
Council Action: Moved by Mayor Allevato, seconded by Council Member Taylor,
and carried unanimously to adopt Resolution 14-12-02-01 entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, RECITING THE FACT OF THE GENERAL
MUNICIPAL ELECTION HELD ON NOVEMBER 4, 2014, DECLARING THE
RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW."
3. OUTGOING MAYOR SAM ALLEVATO RECOGNIZED FOR HIS SERVICE AND
CONTRIBUTION AS SAN JUAN CAPISTRANO MAYOR (610.40)
4. REMARKS PROVIDED BY OUTGOING MAYOR SAM ALLEVATO
5. OUTGOING MAYOR PRO TEM LARRY KRAMER RECOGNIZED FOR HIS
SERVICE AND CONTRIBUTION AS SAN JUAN CAPISTRANO COUNCIL
MEMBER (610.40)
6. REMARKS PROVIDED BY OUTGOING MAYOR PRO TEM LARRY KRAMER
7. OUTGOING COUNCIL MEMBER JOHN TAYLOR RECOGNIZED FOR HIS
SERVICE AND CONTRIBUTION AS SAN JUAN CAPISTRANO COUNCIL
MEMBER (610.40)
8. REMARKS PROVIDED BY OUTGOING COUNCIL MEMBER JOHN TAYLOR
9. OATH OF OFFICE ADMINISTERED TO NEWLY ELECTED COUNCIL
MEMBERS PAM PATTERSON, ESQ., DEREK REEVE AND
KERRY K. FERGUSON
Maria Morris, City Clerk, administered the Oath of Office.
10. REMARKS PROVIDED BY NEWLY SEATED COUNCIL MEMBERS
PAM PATTERSON, ESQ., DEREK REEVE AND KERRY K. FERGUSON
2 12/2/2014
11. DEREK REEVE SELECTED TO SERVE AS MAYOR AND PAM PATTERSON,
ESQ., SELECTED TO SERVE AS MAYOR PRO TEMPORE OF THE
CITY OF SAN JUAN CAPISTRANO CITY COUNCIL, TERMS ENDING
DECEMBER 1, 2015 (630.20)
Maria Morris, City Clerk, called for nominations for the office of Mayor.
Council Action: Moved by Council Member Byrnes, seconded by
Council Member Patterson, and carried unanimously to select Derek Reeve as
Mayor, term ending December 1, 2015.
Maria Morris, City Clerk, called for nominations for the office of Mayor pro tem.
Council Action: Moved by Mayor Reeve, seconded by
Council Member Byrnes, and carried unanimously to select Pam Patterson, Esq.,
as Mayor pro tem, term ending December 1, 2015.
12. KERRY K. FERGUSON SELECTED TO SERVE AS CHAIR AND
SAM ALLEVATO SELECTED TO SERVE AS VICE-CHAIR OF THE
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, TERMS ENDING DECEMBER 1, 2015 (435.10)
Maria Morris, Agency Secretary, called for nominations for Chair.
Board Action: Moved by Board Member Reeve, seconded by
Board Member Byrnes, and carried unanimously to select Kerry K. Ferguson as
Chair, term ending December 1, 2015.
Maria Morris, Agency Secretary, called for nominations for Vice-Chair.
Board Action: Moved by Board Member Byrnes, seconded by
Board Member Reeve, and carried unanimously to select Sam Allevato as
Vice-Chair, term ending December 1, 2015.
13, ROY L. BYRNES, M.D., SELECTED TO SERVE AS CHAIR AND
KERRY K. FERGUSON SELECTED TO SERVE AS VICE-CHAIR OF THE
CITY OF SAN JUAN CAPISTRANO HOUSING AUTHORITY, TERMS ENDING
DECEMBER 1, 2015 (435.10)
Maria Morris, Commission Secretary, called for dominations for Chair.
Commissioner Action: Moved by Commissioner Reeve, seconded by
Commissioner Allevato, and carried unanimously to select Roy L. Byrnes, M.D,,
as Chair, term ending December 1, 2015.
Maria Morris, Commission Secretary, called for nominations for Vice-Chair.
Commissioner Action: Moved by Commissioner Reeve, seconded by
Commissioner Allevato, and carried unanimously to select Kerry K. Ferguson as
Vice-Chair, term ending December 1, 2015,
3 12/2/2014
14. REMARKS PROVIDED BY NEWLY APPOINTED MAYOR PRO TEM
PATERSON AND MAYOR REEVE
ORAL COMMUNICATIONS:
® Tom Scott, Camino Real Playhouse; Ian Smith, City resident; Clint Worthington,
City resident; and Mike Johnson, City resident.
CONSENT CALENDAR:
Council Action: Moved by Council Member Byrnes, seconded by Council Member
Allevato, and carried unanimously to approve consent calendar items 1 through 5, and 7
through 12, as recommended by staff; with Council Member Ferguson and Mayor pro
tem Patterson abstained from consent calendar items 2 through 5.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — SPECIAL MEETING OF NOVEMBER 18, 2014,
APPROVED.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Byrnes and Mayor Reeve
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Ferguson and Mayor pro tem Patterson
3. CITY COUNCIL MINUTES — SPECIAL MEETING OF NOVEMBER 18, 2014,
(CLOSED SESSION) APPROVED.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Byrnes and Mayor Reeve
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Ferguson and Mayor pro tem Patterson
4. CITY COUNCIL MINUTES — REGULAR MEETING OF NOVEMBER 18, 2014,
APPROVED.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Byrnes and Mayor Reeve
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Ferguson and Mayor pro tern Patterson
4 12/2/2014
5. CITY COUNCIL MINUTES — SPECIAL AND TELEPHONIC MEETING OF
NOVEMBER 24, 2014, (CLOSED SESSION) APPROVED.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Byrnes and Mayor Reeve
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Ferguson and Mayor pro tem Patterson
6. CHECK REGISTERS FOR ELECTRONIC TRANSACTIONS DATED
OCTOBER 31, 2014, TO NOVEMBER 13, 2014; PAYROLL (DIRECT
DEPOSITS) DATED NOVEMBER 21, 2014, RECEIVED AND FILED (300.30)
Cindy Russell, Chief Financial Officer/City Treasurer, responded to questions.
Council Action: Moved by Council Member Allevato, seconded by
Council Member Byrnes, and carried unanimously to receive and file the
Check Register for Electronic Transactions dated October 31, 2014, to
November 13, 2014; and Payroll (Direct Deposits) dated November 21, 2014.
7. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED
OCTOBER 31, 2014, RECEIVED AND FILED (350.30)
8. RESOLUTION NO. 14-12-02-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DELEGATING TO THE CITY TREASURER AUTHORITY TO
DEPOSIT CITY FUNDS AND TO INVEST OR REINVEST CITY FUNDS,
AUTHORIZING SIGNATURES AND REPEALING RESOLUTION NO.
13-12-03-02" (320.10)
9. QUALIFIED CONTRACTORS LIST FOR PUBLIC WORKS FACILITY
MAINTENANCE AND REPAIRS, APPROVED; PERSONAL SERVICES
AGREEMENTS WITH FLAGSHIP FACILITY SERVICES, INC., INSLEY
CONSTRUCTION, INC., AND OMEGA CONSTRUCTION COMPANY, INC., TO
PROVIDE PUBLIC FACILITY MAINTENANCE AND REPAIRS CITY-WIDE FOR
A THREE-YEAR TERM, WITH THREE (3) ONE-YEAR OPTIONAL EXTENSION
SUBJECT TO AVAILABLE FUNDING IN THE ADOPTED OPERATIONAL AND
CAPITAL IMPROVEMENT BUDGET, APPROVED; AND, CITY MANAGER
AUTHORIZED TO APPROVE OPTIONAL EXTENSION WITHIN THE
PERSONAL SERVICES AGREEMENT TERM (600.30)
5 12/2/2014
10. QUALIFIED CONTRACTORS LIST FOR CONCRETE, SIDEWALK, CURB AND
GUTTER MAINTENANCE AND REPAIR SERVICES, APPROVED, PERSONAL
SERVICES AGREEMENTS WITH BRIAN DEVRIES CONSTRUCTION, INC.,
DBA DEVRIES CONSTRUCTION, AND GREEK'S CONCRETE TO PROVIDE
CONCRETE, SIDEWALK, CURB AND GUTTER MAINTENANCES AND
REPAIR SERVICES CITY-WIDE FOR A THREE-YEAR TERM, WITH THREE
(3) ONE-YEAR OPTIONAL EXTENSION SUBJECT TO AVAILABLE FUNDING
IN THE ADOPTED OPERATIONAL AND CAPITAL IMPROVEMENT BUDGET,
APPROVED; AND, CITY MANAGER AUTHORIZED TO APPROVE OPTIONAL
EXTENSION WITHIN THE PERSONAL SERVICES AGREEMENT TERM
(600.30)
11. QUALIFIED CONTRACTORS LIST FOR ASPHALT/CRACK SEAL/SEAL COAT
MAINTENANCE AND REPAIR SERVICES, APPROVED; PERSONAL
SERVICES AGREEMENTS WITH BEN'S ASPHALT, INC., HARDY AND
HARPER, INC., QUICKEL PAVING, INC., AND SANDERS PAVING, INC., TO
PROVIDE ASPHALT/CRACK SEAL/SEAL COAT MAINTENANCE AND REPAIR
SERVICES CITY-WIDE FOR A THREE-YEAR TERM, WITH THREE (3) ONE-
YEAR OPTIONAL EXTENSION SUBJECT TO AVAILABLE FUNDING IN THE
ADOPTED OPERATIONAL AND CAPITAL IMPROVEMENT BUDGET,
APPROVED; AND, CITY MANAGER AUTHORIZED TO APPROVE OPTIONAL
EXTENSION WITHIN THE PERSONAL SERVICES AGREEMENT TERM
(600.30)
12. 2015 STREET BANNER CALENDAR FOR BANNER INSTALLATIONS AT THE
INTERSECTION OF CAMINO CAPISTRANO AND DEL OBISPO STREETS,
APPROVED; AND CITY COUNCIL POLICY 419, REVISED (410.40)
13. CONSTRUCTION CONTRACT WITH BOUDREAU PIPELINE CORPORATION
FOR THE NORTHWEST OPEN SPACE PHASE 1 — SANITARY SEWER
IMPROVEMENTS IN THE AMOUNT OF $170,200, APPROVED; PERSONAL
SERVICES AGREEMENT WITH MCKEEHAN ENVIRONMENTAL
CONSULTANTS IN THE AMOUNT OF $8,935, APPROVED; DRAFT LICENSE
AGREEMENT FOR CONNECTION BETWEEN MOULTON NIGUEL WATER
DISTRICT (MNWD) AND THE CITY OF SAN JUAN CAPISTRANO,
APPROVED; AND MAYOR AUTHORIZED TO SIGN THE FINAL
LICENSE AGREEMENT WITH MOULTON NIGUEL WATER DISTRICT IF IT IS
SUBSTANTIALLY IN CONFORMANCE WITH THE DRAFT DOCUMENT
(CIP 09209) (600.30)
Keith Van Der Maaten, Utilities and Public Works Director, provided an Agenda
report and responded to questions.
® Public Comments: Kim McCarthy, City resident; Clint Worthington,
City resident; and Mike Johnson, City resident.
6 12!2/2014
Council Action: Moved by Council Member Allevato, seconded by
Council Member Ferguson, and carried 3-2 with Council Member Byrnes and
Mayor pro tem Patterson opposed to approve a Construction Contract with
Boudreau Pipeline Corporation for the Northwest Open Space Phase 1 —
Sanitary Sewer Improvements in the amount of $170,200; approve a Personal
Services Agreement with Mckeehan Environmental Consultants in the amount
of $8,935; approve a draft License Agreement for connection between
Moulton Niguel Water District (MNWD) and the City of San Juan Capistrano; and
Mayor authorized to sign the final License Agreement with Moulton Niguel Water
District if it is substantially in conformance with the draft document (CIP 09209).
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Allevato and Mayor Reeve
NOES: COUNCIL MEMBER: Byrnes and Mayor pro tern Patterson
ABSENT: COUNCIL MEMBER: None
PUBLIC HEARINGS: None.
SAN JUAN CAPISTRANO HOUSING AUTHORITY: (Refer to Housing Authority
Minutes)
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
ADMINISTRATIVE ITEMS: None.
ORDINANCES: None.
COUNCILMANIC ITEMS:
1. DISCUSSION REGARDING CHANGING THE CITY COUNCIL CLOSED
SESSION AND PUBLIC BUSINESS SESSION TIME; AND REVISION TO CITY
COUNCIL POLICY 128 REGARDING NO NEW BUSINESS AFTER 9:00 P.M.
INSTEAD OF 10:00 P.M. (610.15)
Mayor Reeve provided a report.
Y Public Comments: Mark Bodenhamer, Chamber of Commerce.
Council Action: Moved by Council Member Allevato, seconded by
Council Member Byrnes, and carried unanimously to direct staff to return to the
City Council with a resolution changing the regular meeting time to 4:00 p.m. for
Closed Session and 5:00 p.m. for the Public Business Session; and direct staff to
bring back to the City Council a revised City Council Policy 128 requiring a
4/5 vote to conduct new business after 9:00 p.m., instead of 10:00 p.m.
7 12/212014
2. DISCUSSION REGARDING INSTALLING A CROSSWALK BETWEEN
RANCHO VIEJO ROAD AND PASEO ESPADA (590.70)
• Public Correspondence: Manijeh Kazemi, OC Pharmacy; Kathie Hoke,
Seasons Senior Apartments; and Cameron Grenier, City resident.
Mayor Reeve provided a report.
® Public Comments: Ian Smith, City resident; Mark Speros, City resident;
Jim Reardon, City resident; Clint Worthington, City resident; and
Mike Johnson, City resident.
Council Action: Moved by Mayor Reeve, seconded by Council Member
Ferguson, and carried unanimously to direct staff to bring back to the
City Council recommendations in what it would take to have a crosswalk between
Rancho Viejo Road and Paseo Espada.
3. DISCUSSION REGARDING ELIMINATING THE CITY'S BUSINESS LICENSE
REQUIREMENT (390.60)
Mayor Reeve provided a report.
• Public Comments: Mark Bodenhamer, Chamber of Commerce;
Kim McCarthy, City resident, John Gillotti, City business owner; and
Steve Szemenyei, City resident.
Council Action: Moved by Mayor Reeve, seconded by
Council Member Allevato, and carried unanimously to direct staff to bring back to
the City Council in Spring (2015) modifications to business license requirements,
including other alternatives/options for the City Council to consider, including
Consequences.
4. DISCUSSION REGARDING ESTABLISHING A MAYORAL SUB-COMMITTEE
OF RESIDENTS TO EVALUATE AND REVAMP ALL RULES, FEES, LAWS,
ETC., RELATED TO DOING BUSINESS IN SAN JUAN CAPISTRANO (470.50)
— NO FORMAL ACTION TAKEN
Mayor Reeve provided a report.
® Public Comments: Mark Speros, City resident, and John Gillotti,
City business owner.
8 12/2/2014
5. DISCUSSION REGARDING RESTRUCTURING THE OPEN SPACE, TRAILS
AND EQUESTRIAN COMMISSION AND THE PARKS, RECREATION AND
SENIOR SERVICES COMMISSION (110.20)
Mayor Reeve provided a report.
Public Comments: [an Smith, City resident; Mark Speros, City resident;
Mike Johnson, City resident, Kim McCarthy, City resident; and .Jerry Muir,
City resident.
Council Action: Moved by Mayor Reeve, seconded by Council Member Byrnes,
and carried unanimously to place the restructuring of the Open Space, Trails and
Equestrian Commission and the Parks, Recreation and Senior Services
Commission on the agenda of the subject Commissions for their comments and
recommendations; and direct staff to bring back to the City Council by March
2015.
ADJOURNMENT:
There being no further business Mayor Reeve adjourned the meeting at 9:27 p.m. to
Tuesday, December 16, 2014, at 100 p.m. for Closed Session and 5:00 p.m. for a
public Business Session, in the City Council Chamber.
n
Respectful itted,
MARIA MQMl , CITY CL K
Approved: December 16, 2014
ATTEST:
A r
DEREK REEVE, MAYOR
9 12/2/2014